James L. Cooper | People | Arnold & Porter

James L. Cooper has handled numerous complex antitrust cases, including at trial. These matters often have involved related civil and governmental suits and investigations as well as multi-district litigation. Mr. Cooper is an Adjunct Professor at the Antonin Scalia Law School of George Mason University. He clerked for Judge Bruce Selya on the US Court of Appeals for the First Circuit.

Focus Areas

Experience

Bristol Myers Squibb as lead counsel for BMS in defending class action claims alleging monopolization of a therapeutic market (HIV treatment) currently pending.
Cristal USA Inc. as lead trial counsel for Cristal in connection with an administrative trial against the Federal Trade Commission and federal court preliminary injunction proceeding relating to the acquisition of certain parts of Cristal's titanium dioxide business.
Laboratoires Fournier as lead trial counsel in an antitrust jury trial in the US District Court for the District of Delaware involving allegations of predatory innovation. Case settled just before deliberations. In re TriCor Antitrust Litigation.
Philip Morris USA as co-lead trial counsel in a two-week antitrust jury trial in the Middle District of Tennessee. Plaintiffs sought over $140 million in damages. The jury deliberated for only three hours before returning a defense verdict. Lewis et al. v. Philip Morris USA.
Carfax, Inc. in exclusive dealing and monopolization litigation and winning summary judgment in the US District Court for the Southern District of New York and on appeal before the US Court of Appeals for the Second Circuit.

Samsung Electronics America as lead counsel in a "no poach" class action in the US District Court for the Northern District of California, winning a motion to dismiss with prejudice which was upheld by the US Court of Appeals for the Ninth Circuit on appeal.
Netcom, the maker of Jabra-brand headsets, as lead plaintiff's trial counsel, in alleging market foreclosure against market-leading rival. The case settled just before trial.
Fujikura Ltd. & Fujikura America Inc. in direct and indirect purchaser class actions, as well as direct purchaser opt-out litigation, alleging price-fixing with regard to automobile wire harnesses and related products.
Mitsui O.S.K. Lines and its affiliates in direct and indirect purchaser class actions alleging price fixing in the provision of vehicle shipping services.
Yamashita Rubber Co. and its affiliates in direct and indirect purchaser class action litigation alleging price fixing in connection with the sale of anti-vibration rubber parts.
Titan America in a group of direct and indirect purchaser actions alleging price-fixing. Achieved a denial of class certification with regard to both putative classes. In re Cement and Concrete Antitrust Litigation.
Cristal USA Inc. in direct and indirect purchaser class actions as well as opt-out direct purchaser litigation alleging price-fixing with regard to the sale of titanium dioxide. In re Titanium Dioxide Antitrust Litigation.
Ocean Spray in case alleging attempted monopolization brought by the number two seller of cranberry juice drinks. The client won a summary judgment ruling and the case subsequently was resolved. Northland Cranberries Inc. v. Ocean Spray Cranberries Inc.
Glaxo Welcome in a multifront attack by retail pharmacies challenging pricing and contracting practices of all major research pharmaceutical companies. These matters included thousands of individual Sherman Act and Robinson-Patman Act cases, as well as federal and state class actions. Most cases were resolved by settlement following full merits discovery and motions practice. In Re Brand Name Prescription Drugs.
Client as plaintiff counsel asserting a Sherman Act claim against a competitor and customer of client in the District of Maine. The case resolved by settlement in a bankruptcy context. Biddeford Textiles Corp. v. Sunbeam Products, Inc.
Client in the defense of monopolization, restraint of trade, and conspiracy claims in the District of Delaware and the Northern District of Georgia based on allegations of improper use of satellite communications technology patents. Obtained summary judgment in the client's favor. Thomson Electronics v. Pegasus Satellite Development.

Federal Trade Commission v. Tronox, Inc. et al. Lead trial counsel for Cristal USA Inc. in an administrative trial where the FTC was challenging Cristal's sale of its titanium dioxide business to competitor Tronox and in a subsequent preliminary injunction proceeding in the US District Court for the District of Columbia. The case was ultimately settled by consent decree with the FTC.
In re TriCor Litigation. Lead trial counsel for defendant Laboratoires Fournier in an antitrust jury trial in the US District Court for the District of Delaware involving allegations of predatory innovation. Case settled just before deliberations.
Lewis et al. v. Philip Morris USA. Co-lead attorney defending Philip Morris USA in a two-week antitrust jury trial in the Middle District of Tennessee. Plaintiffs sought over US$140 million in damages. The jury deliberated for only three hours before returning a defense verdict.
US v. Kittrell I. Lead attorney defending criminal charges in a bench trial in District of Columbia Superior Court. Trial resulted in an acquittal on the lead charge.
US v. Kittrell II. Lead attorney defending criminal charges in a bench trial in District of Columbia Superior Court. Trial resulted in an acquittal on the lead charge.

Lansdowne Development Co. LLC v. Xerox Realty Corp. Defended Xerox in a one-week bench trial on breach of contract claims arising from a complex real estate sale. Virginia state court trial resulted in a victory for Xerox.
In re University Development LLC. Represented Xerox in a three-day trial on breach of contract claims in the Eastern District of Virginia Bankruptcy Court arising from a purchase agreement. The case settled favorably mid-trial.
Gibson Dunn & Crutcher v. Washington Square. Co-lead attorney defending breach of contract claims brought by a law firm against a building owner. A one-week trial in DC Superior Court resulted in a victory for the building owner.

Pharmaceutical licensing issues. Lead counsel on arbitration of intellectual property licensing matters in the pharmaceutical industry.
In re Distribution of the 1998 and 1999 Cable Royalty Funds. Represent Major League Baseball as well as a consortium of professional sports leagues in a six-week arbitration against multiple groups of television content-providers regarding the proper division of a compulsory license fund. Arbitration resulted in the highest share of the fund for the sports leagues in the history of the fund.
Puma N.A. Inc. v. Vince Carter. Co-lead attorney defending a professional athlete in a two-week arbitration regarding a breach of contract claim. Case settled after trial.

Recognition

Best Lawyers

Criminal Defense: White Collar (DC) (2016-2021, 2024)

The Legal 500 US

Antitrust: Cartel (2016-2019, 2021-2022)
Antitrust: Civil Litigation/Class Actions (2017-2019, 2021-2022)
Antitrust: Merger Control (2019)

Washington, DC Super Lawyers

Antitrust Litigation, Intellectual Property (2013, 2015-2020)

Credentials

Education

Ph.D., Indiana University - Bloomington, 1992
J.D., Indiana University Maurer School of Law, 1991
A.M., University of Chicago, 1987
A.B., University of Chicago, 1986

Admissions

District of Columbia
Numerous Federal Courts

Clerkships

U.S. Court of Appeals for the First Circuit, The Honorable Bruce M. Selya